What is the test for vagueness in a criminal statute?

To survive a due process challenge for vagueness, a criminal statute must "(1) define the offense with sufficient definiteness that ordinary people can understand what conduct is prohibited; and (2) establish standards to permit police to enforce the law in a non-arbitrary, non-discriminatory manner." United States v. Sutcliffe, 505 F.3d 944, 953-54 (9th Cir. 2007). Courts reviewing vagueness challenges apply a "presumption of constitutionality to the challenged statute." Id.

Section 1512 states in pertinent part:

18 U.S.C. 1512(b)(3).